ECAP I Justification and Approval Signed 6.29.2022.pdf

JUSTIFICATION AND APPROVAL FOR EXPEDITED PROCEDURES PACKAGE

TO: Brian LeCuyer, Contracting Officer, USAID/Zambia

CC: Deborah Broderick, Agency Competition Advocate, M/OAA/OD

FROM: Erin Berghammer, Social Protection Advisor, Contracting Officer’s Representative (COR), USAID/Zambia

DATE: June 3, 2022

SUBJECT: Justification for Other than Full and Open Competition under the President's Emergency Plan for AIDS Relief (PEPFAR) Expedited Procedures Package

(EPP).

1. This document sets forth the facts and rationale justifying the use of other than full and open competition.

Approval is requested for the justification for use of other than full and open competition pursuant to the authorities under the Expedited Acquisition and Assistance Procedures (EPP) for President's Emergency Plan for AIDS Relief (PEPFAR), approved on December 31, 2019. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (D&F for the Authorization of Less than Full and Open Competitive Procedures in the Award of Contracts) of the EPP.

RECOMMENDATION

It is recommended that you approve this justification for use of other than full and open competition pursuant to the Action Memorandum PEPFAR EPP, approved on December 31, 2019. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts) of the EPP.

2. The nature and/or description of the action being approved:

This is a request to approve a sole source award to Catholic Medical Mission Board of Zambia (CMMB-Z) for $17,280,000 over a period of three (3) years, replacing an existing Cooperative Agreement with CMMB-Z which became effective September 30, 2020 with an estimated completion date of September 29, 2025.

3. Description of the supplies or services required, including an estimated value:

Under the proposed sole source contract, CMMB-Z will continue to implement the USAID Empowered Children and Adolescents Program I (ECAP I) Activity aimed at mitigating the impact of HIV and improving the health and well-being of Vulnerable Children and Adolescents (VCAs) by delivering high-impact, evidence-informed, age-appropriate interventions customized for each VCA subpopulation and taking a family-centered approach. Especially those children and adolescents living with HIV. The Contractor will seek to enhance individual, household, and community capacities to improve and sustain the health and well-being of VCAs and their caregivers. The ECAP I Activity will ensure that targeted VCA and their families are identified and reached with a comprehensive basket of integrated services responsive to their unique health, safety, economic stability, and educational needs. The Contractor will also implement the OVC Preventive model for boys and girls aged 10–14 to provide evidence-based interventions aimed at the primary prevention of HIV & sexual violence. The ECAP I Activity will streamline and intensify home-based case management and expand community-based capacity for coordinated service delivery and referral management and technical support for VCA service scale-up. The estimated cost for the remaining period of this activity will be $17,280,000.

4. Statutory authority permitting other than full and open competition:

AIDAR 706.302-70(b)(3) and 40 U.S.C. §113; see Memorandum entitled “Expedited Acquisition and Assistance Procedures for USAID Activities and Programs Related to the Prevention, Care and Treatment of HIV/AIDS” (the “HIV/AIDS Expedited Procedures Package” or HIV/AIDS EPP) approved on December 31, 2019 (attached to this J&A).

The HIV/AIDS EPP provides for restriction to eligibility for specific programs involving HIV/AIDS. Citing AIDAR 706.302-70 Impairment of foreign aid programs, the Administrator made a formal written determination that it is necessary to restrict eligibility in the awards related to USAID’s HIV/AIDS activities and programs to avoid the impairment of U.S. foreign assistance and foreign policy objectives. The HIV/AIDS EPP is essential to USAID’s ability to maintain vigilance, flexibility, and responsiveness in HIV/AIDS activities.

5. A discussion of the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited.

USAID/Zambia proposes award of a sole source contract with CMMB-Z based on the rationale discussed below.

The Administrator-approved Expedited Procedures Package (EPP) for HIV/AIDS, (Tab I) states that “as a matter of law and policy, USAID's normal practice is to follow standard competitive procedures in the award and modification of contracts and assistance agreements. However, in exceptional circumstances, these interests must give way to the overriding objective of providing humanitarian assistance on a timely basis.” The EPP further notes that “Other urgent or critical situations could arise in which it might be necessary to rely on this authority. The EPP provides the flexibility necessary for Missions to respond most appropriately to these situations, without undue procedural constraints that would negatively affect program results…. Finally, this authorization furthers the Journey to Self-Reliance by allowing USAID to limit solicitations to a specific type of entity (e.g., local partners) and to diversify the contractors that implement programs in a geographic area.”

CMMB-Z has been successfully implementing the ECAP I Activity for one and a half years, consistent with the terms and conditions of the Cooperative Agreement. During this period, priorities under PEPFAR have continued to evolve, resulting in rapid scale up, technical priorities shift, including significant and unanticipated changes in nature of services needed to carry out activities and initiatives. Specifically, due to a need to provide more technical direction based on OGAC requirements, USAID/Zambia will need to be able to provide a higher level of technical direction than is appropriate through the assistance instrument with CMMB-Z. As such, the nature of the relationship must change. USAID/Zambia requires a buyer/seller relationship in order to meet the rigorous numerical targets and expansion of geographic coverage needed for the USG’s PEPFAR Pediatric Surge. Evolving PEPFAR guidance and priorities require the Mission to reach stringent Congressional and Administration targets for serving orphans and vulnerable children (OVC); and quickly adapt to shifting strategies and initiatives. A sole source contract is therefore essential to achieve the USG/s needs and maintain vigilance, flexibility, and responsiveness to OGAC requirements.

A competitive contract to another partner was not considered based on the authority cited in (4) above. Given that this sole source contract is a result of changing an implementing instrument with the same implementing partner, it is considered prudent and cost effective to limit competition to avoid disruption of service provision. Specifically, use of a contract is considered appropriate because USAID will be able to provide the needed technical direction in managing the award, including capacity development technical services; and obtain the mandated management information and other data required for OGAC reporting.

The proposed sole source contract will ensure continuation of essential HIV prevention and care services, critical for HIV epidemic control as currently described in the assistance instrument with CMMB-Z. Soliciting offers from other sources may lead to interruption in the provision of critical services which will have negative consequences on PEPFAR efforts to control the HIV epidemic, negative impacts on other health programs in Zambia. Any interruption in service delivery will significantly compromise efforts to curb the epidemic, particularly closing the tap on new infections that is critical as Zambia gets so close to achieving epidemic control. In addition, the award will help USAID to maintain the current momentum of its HIV/AIDS activities especially in the context of OGAC-assigned new and ambitious targets, and constantly shifting mandates and priorities, allowing the program to be responsive to evidence demonstrating which interventions are the most effective.

Further, USAID/Zambia is in the process of building capacity of local partners in response to the OGAC mandate to transition PEPFAR implementation to local partners as a strategy to enhance capacity and the sustainability of the HIV response. CMMB-Z has proven to be one of the capable local organizations that can take up more responsibilities for managing PEPFAR activities in Zambia.

The EPP also states that Missions would be able to use the authorities in the EPP only when the funding for HIV/AIDS activities under PEPFAR exceeds 50 percent of the Total Estimated Cost/Amount (TEC/TEA) of an award. Funding of the proposed sole source contract exceeds 50 percent of the total estimated cost/amount of the award.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

No efforts were made to solicit offers for other potential sources asUSAID does not seek to change the implementer for the activity, only the nature of our relationship with the implementer.

As such, it is not practicable to solicit from other sources.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

An independent government cost estimate was developed based on historical costs of the existing award with CMMB-Z, inclusive of considerations for the current economic conditions. Based on this, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason(s) market research was not conducted.

No market research was conducted given that this action entails a continuation of existing services.

9. Other facts supporting the use of other than full and open competition.

Authorization of the sole source contract, replacing the existing assistance instrument is necessary, given the urgent and overwhelming needs that come from the ambitious targets set for the treatment and prevention of HIV/AIDS under PEPFAR, and the shifting strategies and priorities of the U.S. Government. The sole source contract will provide the flexibility that is essential to USAID/Zambia's ability to implement activities under PEPFAR in a timely and vigilant manner in the context of new and ambitious targets and shifting mandates and priorities.

10. Sources, if any, that expressed, in writing, an interest in the acquisition.

Not applicable. Please see section (8) above.

11. The actions the Agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

Any subsequent acquisition for these services if needed is expected to be done through full and open competition.

12. Technical or Requirements Personnel Certification:

In accordance with FAR 6.303 and AIDAR 706.302-70, I hereby certify that the technical statements included above and which form a basis for the justification are complement and accurate in accordance with Action Memorandum “Expedited Acquisition and Assistance Procedures for USAID’s Activities and Programs related to the Prevention, Care, and Treatment of HIV/AIDS,” approved on December 31, 2019. Approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts) of the EPP.

Erin Berghammer, Social Protection Advisor Date

13. General Council Clearance:

Rick Burns, Resident Legal Officer Date

14. Contracting Officer Certification:

In accordance with FAR 6.303 and AIDAR 706.302-70, I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Brian LeCuyer, Contracting Officer Date